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Wednesday, February 07, 2007
Ind. Decisions - Prewett on winning side of lawsuit over allegedly defamatory website
Yesterday's Court of Appeals decision in the case of Prewett v. Hamilton (see ILB entry here - 5th case) is the subject of a long story today by Nate Smith in the Washington (Indiana) Times-Herald. It begins:
The Indiana Court of Appeals handed down its decision Tuesday in the case of Paul Hamilton vs. Morgan Prewett and found in Prewett’s favor, but ordered Prewett to pay his own attorney’s fees.Hamilton has said he may appeal to the Indiana Supreme Court.
On Oct. 24, 2006, a three-judge panel heard arguments at Vincennes University on the case. Hamilton sued Prewett over his Web site titled “Paul Hamilten, The World’s Smartest Man” in Daviess Superior Court in 2002. Hamilton is the founder of Hamilton’s Water Conditioning, a Washington business.
The 35-page Web site contained a story of a man named “Paul Hamilten” who owned a water purification company. The story depicts the main character, “Hamilten,” in a less than flattering light.
The appeal prepared by Hamilton’s attorney, John R. Price, asked the court to turn over the original 2002 case because Prewett failed to supply evidence to support his motion to dismiss the suit, arguing that Prewett did defame Hamilton.
Both Prewett and Hamilton had asked the court to rule on a motion that would make Hamilton pay Prewett’s attorney’s fees.
“It was a decision that I had hoped for,” Blake Chambers, Prewett’s attorney said. “I am very happy for Morgan. It has been a long hard road for Morgan.”
Posted by Marcia Oddi on February 7, 2007 03:20 PM
Posted to Ind. App.Ct. Decisions